Women against drugs to provide vocational training for recovering addicts

Local drug prevention and rehabilitation NGO Society for Woman Against Drugs (SWAD) has today initiated a programme to provide vocational training for recovering female addicts in the Maldives.

This programme – conducted in collaboration with the German embassy to Sri Lanka and the Maldives – was launched today at the SWAD vocational training center by chief guests Ambassador Dr Juergen Morhard and Home Minister Umar Naseer.

Speaking at the ceremony, Umar Naseer thanked Dr Morhard for the generous contribution which has allowed the NGO to buy the necessary materials as well as noting his appreciation for SWAD’s extraordinary contribution to the fight against drugs.

“I am sure that every country is struggling in this fight against drugs and so is Maldives, but I am very hopeful that we will see progress in this fight with initiatives such as this vocational training by SWAD,” said Naseer.

In his speech, Dr Morhard stated that drug abuse and trade is the harsh reality of the current world from downtown Berlin to the beautiful beaches of the Maldives, and thanked SWAD for stepping up against drugs in the Maldives.

Speaking to Minivan News after the ceremony, SWAD Chairperson Fathimath Afiya said the aim of the training center is to provide skill building opportunities for recovering addicts in order to make the transition back into society easier.

“Participants will be taught a wide variety of skills such as sewing and carpet weaving which could be marketed towards tourists which would enable the participants to earn an income in a society where there is a lot of stigma towards former drug addicts preventing them from obtaining work,” said Afiya.

The NGO plans to make the project self-sustainable using the income generated by the sales of the goods and has aspirations to have the whole programme run by recovering addicts in the future.

A national drug use survey published in 2012 by the United Nations Office on Drugs and Crime reported that 48 percent of drug users in the Maldives feel they are neglected and perceived as outcasts by the local community.

The stigmatisation of drug addicts leads to the creation of a cycle of addiction with recovering addicts relapsing back into drug abuse as an escape from perceived ‘disgrace’ they have brought upon themselves and their families.

Work done by NGOs such as SWAD and Journey – a support NGO for recovering addicts – seeks to break the the addiction cycle with recovering addicts having opportunities to successfully reintegrate into the society as useful and contributing citizens.

The UNODC survey reported that there were 7,496 drug users in the Maldives between the age of 15 and 64 in the Maldives and that 48% of drug users in the capital Malé were between the ages of 15 and 19 years.

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Open prisons and electronic tagging part of plans to overhaul jail

Inmates at Maafushi Island Prison are to be categorised into four groups according to security risk, with the least dangerous criminals to be tagged and released on work and study programmes.

“This is a huge change to the prison system,” Naseer told Haveeru adding that the reforms will reduce state expenditure on the rehabilitation system.

Older inmates or inmates nearing the end of the sentence will be housed in an open jail on a separate island, Home Minister Umar Naseer told local news agency Haveeru today.

Inmates in category two will be allowed to work on the industrial Thilafushi Island, and the most dangerous criminals or category one criminals will continue to serve their sentences behind bars in Maafushi prison.

“This will be advantageous to the state budget. Secondly, it will allow criminals to undergo rehabilitation and integrate back into society. With this, when inmates are released from jail, they will have undergone one of the programs,” the Home Minister told Haveeru.

The inmates who are to be released on the work and study programme will have an electronic tag fixed to their legs. In addition to undergoing a security screening, they will also have to be nearing the end of their sentence.

“They will have to do one or the other [work or study]. If they are working, we have to know where they are going. We also have to know the exact route they are taking. Through the tag, we can track which streets they are walking on,” he said.

The home minister said the tags have been tested during his trip to Singapore earlier this week. An expert team is to visit the Maldives to demonstrate how the tags work to government offices, he said.

The open jail is to be established on an uninhabited island. The government will provide modest shelter, run a mosque, and establish an administrative office and a security post. The inmates will cook for themselves and be self- sufficient, but will not be allowed to leave the island, Naseer said.

“These are people who pose no harm to society. And elderly inmates who are weak,” he said.

Plans are underway to designate an island for the open jail. The Home Ministry is currently working on a policy paper on the matter to be submitted to the social council at the President’s Office.

Category two criminals will be provided employment with the Road Development Corporation and will be put to work and housed on Thilafushi.

The Maldives Correctional Services (MCS) and the corporation have already signed an agreement to transfer jobs from expatriate workers to inmates.

“The Road Development Corporation’s labour quarters will be changed into prison labour quarters. That means there will be a fence around the quarters,” he said.

Inmates will be released during the day for work and brought back to the labor quarters at night. The renovation is expected to cost MVR6 million (US$ 389,105) and will be funded through the state budget.

Approximately 50 inmates are already employed on Thilafushi, he said.

The reforms will reduce the prison population from 1000 inmates to 300 or 400 inmates, the home minister said.

Naseer has overseen a series of radical changes including a decision to implement the death penalty.

New regulations formulated in April have ended a sixty-year moratorium on the practice. The Maldives Correctional Services is now preparing facilities to implement the death sentence through legal injection.

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Man found dead on April 1 tested positive for opiates

A 24-year-old man found dead in Henveiru Annaarumaage on April 1 less than 24 hours after his release from rehab tested positive for opiates, police have revealed.

“Analysis shows that there was a high concentration of the drugs opium and benzodiazepine in the youth’s urine,” police said in a statement yesterday.

Police media officials were not responding to calls at the time of press to confirm whether a heroin overdose has been established as the cause of death.

Local media identified the deceased last week as Mohamed Rashad from the island of Kulhudhufushi in Haa Dhaal atoll.

According to Rashad’s family, he was released from the rehabilitation centre in Himmafushi the day before his death.

“Mohamed was released yesterday, and he was staying with a friend at Annaarumaage until the community centre could make arrangements,” Rashad’s uncle was quoted as saying by Sun Online.

“His friend was there when I went to the house, who told me that Mohamed was still sleeping when he woke up. When we went and checked, he was dead.”

National Drug Agency (NDA) CEO Ahmed Muneer explained to the online news outlet that patients undergoing community treatment upon release from rehab were required to attend several classes.

Recovering addicts were required to stay in Malé until the process could be completed, Muneer said.

He also denied the family’s claim that they were not informed by the NDA of Rashad’s release.

Spiked

Speaking at a ceremony held on Thursday to mark the second anniversary of the Drug Court, Acting Chief Judge Mahaz Ali expressed concern with the rehabilitation facilities available in the Maldives.

The NDA informed the Drug Court in April last year that all rehabilitation centres in the country were at full capacity, Mahaz revealed.

The main community centre in Malé was at full capacity at the start of this month, he continued, and could not accept more patients.

Since its formation in January 2012 with the enactment of the new Drugs Act, Mahaz said that 93 drug offenders had completed the court-mandated rehabilitation programme.

Of the 93 recovering addicts, Mahaz noted that only eight had been arrested again.

In March 2009, Minivan News reported the death of five drug addicts from overdose or suicide in the space of one month.

Four out of the five addicts had received treatment at the rehabilitation centre in Himmafushi.

Police revealed at the time that a forensic examination of confiscated drugs showed that heroin sold on the streets was laced with benzodiazepine, a class of psychoactive drugs.

The combination of benzodiazepine with opiates is known to lead to coma and even death.

According to local NGO Journey, about 95 per cent of addicts who seek rehabilitation in the country relapse into drug use.

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Only six convicted minors completed reintegration programmes in 2013

The Juvenile Court has released the statistics from last year showing the number of convicted minors that applied to participate in the Correctional Center for Children, revealing that 21 had applied to take part in the programs and only six completed it successfully.

According to a statement issued by the court gave the opportunity to participate for 16 minors out of 21 that applied to the rehabilitation programmes, aimed to facilitate reintegration into society.

Of the 16 charged, the Juvenile Court stated that five minors were charged with drug and alcohol related offenses, two charged with fornication and sexual misconduct, four charged with theft, two with robbery, two charged with objection to order and one charged with assault and battery.

The court said that the purpose of the programmes was to give a second chance for minors charged with criminal offenses to reintegrate in to the society and also to determine minors charged with criminal offenses that are working and studying and to help them continue their studies and work if they were sentenced.

In addition, the Juvenile Court said the program included teaching different types of work to minors charged with criminal offenses.

The court noted that those participating in the program had varied reasons for not completing, and also that there were minors that repeated criminal offences during the programme.

The Juvenile Court said that these programs were conducted in accordance with the court’s child correctional programs conducted under the regulation on juvenile justice procedure articles 19 and 20.

The programmes are conducted in cooperation with all the concerned authorities, and juveniles taking part in the programmes will have to participate in different programmes conducted by the correctional centre for children, the Juvenile Justice Unit, the National Drug Agency programmes and programmes conducted by the Ministry of Gender and Human Rights as well as different social programs conducted by NGOs, the Juvenile Court said.

A report made by Dr Aishath Ali Naaz for the Asia Foundation titled ‘Rapid situation assessment of gangs in Male’ 2012’’ suggested that minors are the most vulnerable within gangs and that they were used by gang leaders to carry out the gang’s dirty work, such as selling drugs and alcohol, inflicting harm on others and vandalizing property.

Dr Naaz’s reports said that judges have the discretion to deliver a more lenient sentence with regard to most criminal offences committed by offenders who are 16 years old or younger and gang leaders exploit this fact by using minors to carry out crimes.

Last year the Juvenile Court concluded 125 cases, with 54 of the cases concluded being drug related offenses committed by minors.

According to the Juvenile Court statistics the Prosecutor General filed 103 cases last year while 83 cases were filed in the Juvenile Court the year before.

The statistics also showed that 584 cases were brought before the judges to decide upon the extension of pretrial detention period for arrested minors.

Speaking this week at the inauguration of a youth camp aimed at preparing adolescents for integration into the workplace, Home Minister Umar Naseer pledged to introduce mandatory government service for school leavers.

Speaking at the same event, Commissioner of Police Hussain Waheed spoke of the need to create a responsible young generation.

“There is no pleasure any one can reap from frequenting scenes of crimes. It is by strongly staying away from crime and being responsible that real happiness can be achieved,” Waheed said.

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“Murder has to be punished with murder”: Yameen calls for death penalty to be put into practice

Progressive Party of the Maldives (PPM) Presidential Candidate Abdulla Yameen has called for the death penalty to be put into practice in the Maldives, a day after vowing to reform the judiciary.

The MP, half brother of former autocratic ruler Maumoon Abdul Gayoom, made the comments while speaking on the program Voice of Maldives on Monday night (July 22).

Yameen explained that although he was not previously an advocate of the death penalty, he now believed it must be implemented to save Maldivian society from murders that have become too commonplace, according to local media reports.

Yameen noted that as a result of the “recent spate of killings” in the Maldives he has had a “change of heart” and now believes “murder has to be punished with murder.”

“It is something that has to be done. We cannot move forward without making our streets safe,” Yameen said.

Yameen explained that a death penalty sentence should only be implemented if upheld by the Supreme Court.

“I now believe, if it can be proven in trial so that the country accepts, if it is proven to a degree accepted by judicial principles, if all the steps are followed, and if the Maldivian people believe, I believe that the death penalty is necessary to save society,” he said.

He also noted that because detailed legislation is necessary to implement the death penalty, the current government recently proposed a death penalty bill in parliament.

Regarding whether he would implement Islamic Sharia law, Yameen’s response to a caller was that “justice is currently delivered in the Maldives through Islamic principles” and that he would act “in accordance with what is laid out by the constitution.”

He pledged that under a PPM government he would “do whatever has to be done” to make the Maldives a peaceful place.

Yameen also denied financing or having links with gangs, claiming these allegations “do not have any basis” and politicians perpetuating such rumors “lack sincerity”.

Such rumors that Yameen has gang ties have “been around a long time”, according to CNM.

During the PPM presidential primary, former candidate and PPM Vice President Umar Naseer publicly accused Yameen of involvement with gangs and the illegal drug trade. However, Yameen denied the “defamatory accusations” calling them “baseless and untrue”.

Yameen further noted during the Voice of Maldives program that a “major part” of the government budget would be spent on youth, including a special rehabilitation program for drug addicts, with more than 900 placements available, if he is elected president.

Last month, Yameen also announced that PPM intended to transform Hulhumale’ into a “Youth City” where enough apartments to accommodate young people would be constructed.

Judicial reform pledge

Meanwhile, a day prior to Yameen’s comments in favor of implementing the death penalty to quell violent crime in the Maldives, the PPM presidential candidate pledged to reform the judiciary, even if it required amending the constitution.

To gain investors’ confidence and bring foreign investments to the Maldives, reforming the judiciary to ensure swift justice and confidence in the institution is necessary, Yameen explained.

“We see the many challenges ahead from every direction. So we are not only competing with other candidates. We are competing against the flailing economy and fading culture and values,” he said.

Yameen told local media that Chief Justice Ahmed Faiz Hussain had also noted the judiciary has “problems”.

Faiz has meanwhile urged the public and media to refrain from making statements that would give a negative image of the judiciary, and called for constitutional amendments.

His comment’s follow the Maldives Bar Association (MBA) calling for the suspension of Supreme Court Justice Ali Hameed pending an investigation into his alleged sexual misconduct. Hameed is under investigation by both the police and Judicial Service Commission (JSC) over the circulation of at least three sex videos apparently depicting him fornicating with unidentified foreign women.

Earlier this year, Faiz said that the current seven-member bench of the Supreme Court cannot be abolished and will continue to remain as the highest court of the country as long as the Maldives remains a democracy. In July 2012, the Chief Justice also said the death penalty can be executed within the existing justice system of the Maldives.

Death penalty controversy

While the Maldives still issues death sentences, these have traditionally been commuted to life sentences by presidential decree since the execution of Hakim Didi in 1954, for the crime of practicing black magic.

Death penalty legislation was presented to parliament in June by government-aligned Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed to implement the death penalty by hanging if the Supreme Court upheld a death sentence passed by a lower court. The legislation was put to a vote to decide whether or not to proceed with the bill at committee stage and was ultimately rejected 26-18 with no abstentions.

The Maldivian Democratic Party (MDP) MP said at the time that the party’s parliamentary group had opted to throw out the bill on the grounds that it would be “irresponsible” to approve such measures with ongoing concerns held by itself and international experts over the functioning of the country’s judiciary.

The party additionally criticised the proposed bill as being irrelevant, arguing that the country’s draft penal code – a recent issue of contention between MPs and certain political parties – already included provisions for the death sentence as outlined under Islamic Sharia.

Recent calls for presidential clemency to be blocked led Attorney General (AG) Azima Shukoor to draft a bill favouring the implementation of the penalty via lethal injection. It was met with opposition by several religious groups such as the NGO Jamiyyathul Salaf, which called for the draft to be amended in favour of beheadings or firing squads.

Minivan News understands that the bill submitted by the AG remains open for comments on potential amendments.

More recently, the state called for a High Court verdict on whether the practice of presidential clemency can be annulled.

Eariler this year, the UN country team in the Maldives issued a statement calling for the abolition of both corporal punishment and the death penalty in the Maldives.

Additionally, the state’s stance to review implementation of death sentences has led to strong criticism from certain human rights-focused NGOs this year.

Speaking to Minivan News immediately following a visit to the Maldives in April 2013, Amnesty International’s South Asia Director Polly Truscott raised concerns about the recent drafting of new bills outlining implementation for executions.

She argued that even in practice, such bills would be deemed as a human rights violation, with the NGO maintaining that there remained no research to support the assertion that executing criminals served as an effective deterrent for serious crimes.

She noted this was a particular concern considering the recent findings of various international experts such as UN Special Rapporteur on the Independence of Judges and Judiciary, Gabriela Knaul, regarding the politicised nature of the country’s judicial system.

“To leave Sharia law to the discretion of individual judges is something we believe would be a bad idea,” she said at the time.

In May this year, Amnesty International condemned the sentencing of two 18 year-olds to death for a murder committed while they were minors, and called on Maldivian government authorities to commute the sentence.

Meanwhile, a survey of the leading criminologists in the United States conducted in 2009 found that 88 percent of the country’s top criminologists “did not believe” that the death penalty is a “proven deterrent to homicide”.

The study, Do Executions Lower Homicide Rates? The Views of Leading Criminologists published in the Journal of Criminal Law and Criminology, also found that 87 percent of the expert criminologists believe that abolition of the death penalty would not have any significant effect on murder rates.

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Drug Court sending addicts to jail after detox centres reach capacity

With government detox facilities at capacity the Drug Court is sending addicts to jail in the interim, prompting the Maldives’ National Drug Agency to call on private businesses and NGOs to fill the gap.

Twenty-four men have been sent to prison for 90 days, or until space becomes available for treatment, in accordance with the Drug Act which states the court has the authority to do so if “rehabilitation centers are unable to facilitate treatment”, according to local media.

All emergency medical detox centers are full nationwide – the Himmafushi Island, Villingili Island, Fuvamulah and Addu, National Drug Agency (NDA) Chairperson and State Health Minister Lubna Mohamed Zahir Hussain confirmed to Minivan News today (May 1).

“Rehab is not full, however detox is full for the next 14 days. Demand is so high that clients are waiting in prison,” said Zahir.

“The Drug Court is sentencing too many people every day. There are so many – too many – cases. The court doesn’t want to delay sentencing, so people eligible for rehab must wait in prison – for a maximum of three months,” she added.

Zahir stated that 24 men currently in jail – awaiting the first phase of rehab, which is detoxification – will be moved to the drug rehabilitation center on Himmafushi island within two weeks. No women are awaiting detox, claimed Zahir.

“We are calling for help”

Zahir emphasised that current government regulations allow for the privatisation of rehabilitation centers and the NDA has requested bids for private companies in the government gazette, however no applications have been submitted thus far.

“We are looking forward to receiving applications. It’s time the government opened international bidding to do so,” declared Zahir.

“[The NDA] is open for discussions about opening a rehabilitation resort. A similar program to cabins in Chiang Mai, Thailand, which is a really good program.

“For example, foreigners can come to the island destination [for drug rehabilitation], the profits of which could be used to subsidise treatment for Maldivians,” Zahir explained.

The private rehabilitation centers would be supplementary to the national treatment center for men and women, which is required by law, according to Zahir.

She also highlighted the need to strengthen aftercare programs in partnership with local communities. This is a particular challenge for NGOs who are working with drug addicts.

“Communities fail to understand the work NGOs are doing with drop-in clients. Awareness and education are needed, because NGOs are running into lots of problems with communities,” said Zahir.

Political polarisation and the focus on the upcoming presidential elections seems to be preventing this work from occurring, claims Zahir.

“It is easy [for NGOs] to apply for and get community [drug] rehab licences to conduct relapse prevention. And we are really calling for help,” she implored.

NDA has also issued requests for qualified people to apply for councillor positions with NDA to support their outpatient community rehabilitation programs.

There are between 200 and 400 clients, but very few councilors, Zahir explained.

Facilities lacking

The limited space within the Himmafushi rehabilitation center becomes available on a revolving basis – as clients complete their treatment – however capacity to conduct the three day emergency medical detoxification is extremely restricted.

The Himmafushi center has space to detox about 20 people at any given time, however it only has the capacity to manage about 10 individuals. The center is able to conduct drug rehabilitation for 150 men and 12 women maximum. Additionally, 12 detox spaces are available on each of the islands of Villingili, Fuvamulah and Addu.

“Two years ago we used a detox dorm for women on Himmafushi, however they were shifted to the female specific unit established on Villingili June 26, 2011,” explained Zahir.

“The NDA and Gender Department – under the Health Ministry – ran the rehabilitation center for women on Villingili. But it was closed in 2012 when the Gender Department became the Gender Ministry and took over the building.

“We requested from [former Gender, Family and Human Rights Minister] Diyana Saeed to keep center. Demand is high, we need a unit always,” she added.

Subsequently, women in need of drug treatment did not have a center for seven months until the original female dorm located on Himmafushi was reopened.

The NDA is planning to add three additional units to the Himmafushi drug treatment center and had requested government funds for the project, according to Zahir.

“NDA lacks implementation capacity”

“Drug abuse is too much money for the government to bear, because the problem is so wide-spread and the cost is so high,” an expert in holistic drug prevention, treatment, and aftercare told Minivan News today.

“The government is doing almost nothing for drug prevention, which then puts a huge burden on the government, including the public health sector. There is also a dire need for early intervention,” claims the source.

“NDA lacks the capacity and staff to do everything. They are not able to handle prevention, inpatient or outpatient treatment. Currently, they do not even have a CEO and are operating outside of the law,” the source continued.

“NDA should act as a governing body and watchdog only. Otherwise they cannot handle the demand,” added the source. “There is only one rehabilitation centre and it’s always full because there are so many people in need.”

The source suggested that the state-run detox and treatment centers should be outsourced to private or civil society institutions, leaving room for the NDA to oversee and regulate. Additionally, building NGO capacity to address drug abuse would “benefit the entire nation”.

“There is no one to monitor and make them responsible if NDA is the implementing body,” said the source.

A “clear cut” country strategy – similar to the recently released 2013-2020 European Union drug strategy – needs to be developed in the Maldives, the source believes. The entire sector in Maldives works at cross-purposes and is not aiming for one particular prevention, treatment, or aftercare goal.

“Addiction is a lifelong chronic, relapsing brain disease. A person will relapse six to eight times or more before they completely stop using and live a sober life,” explained the source.

“Relapse is not failure, rather it’s due to the treatment program or person lacking some kind of support. Addiction is a very complex disease and affects each person differently.

“Often addiction is accompanied by another disease, such as depression or other mental health issue, but treatment in the Maldives does not address this. Thus, people relapse easily, which adds to the stigma surrounding drug users.

“This concept needs to be internalized in the Maldives and a continuum of care must be provided. This includes environment based intervention, evidence based and client focused treatments, as well as continuing guidance, education and support programs,” said the source.

The source further recommended referring to the US National Institute on Drug Abuse to structure these programs.

“The government spends so much money and this is such a small place, they should be able to do something,” concluded the source.

Nationwide drug abuse controversy

The United Nations Office on Drugs and Crime (UNODC) and NDA published a survey in February, claiming there are 7496 drug users in the Maldives.

Informed sources who participated in the survey process previously expressed serious concerns about the “flawed methodology” of the data collection process, which they claimed had produced a final report that inaccurately and grossly underestimates drug use in the Maldives. Key populations such as those in jail, women, and users of ‘party drugs’ were left out of the survey.

The NDA subsequently refuted criticisms over the drug report’s methodology in a letter sent to Minivan News.

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Home minister blames Second Chance rehab scheme for crime “surge”

Home Minister Dr Ahmed Jameel has blamed a current “surge” in crime partly on the Second Chance rehabilitation programme run by the former government, which he alleged released prisoners, sometimes with “heavy sentences”, for political purposes.

After telling local media this week that over 200 convicted criminals released under the scheme has been returned to prison over allegedly having re-offended, Dr Jameel pledged more former Second Chance inmates deemed or suspected as posing “a danger to the public” would be returned to custody.

The now-defunct Second Chance initiative has received significant media coverage this week after a former inmate released under the programme, 29 year-old male Ahmed Murrath, confessed to the murder of prominent lawyer Ahmed Najeeb in Male’.

However, the former manager of the initiative, Aishath Rasheed, has claimed she was surprised at reports of a large number of inmates released under Second Chance now being returned to prison. Speaking to Minivan News this week, Rasheed raised concerns about a lack of rehabilitation measures for young people imprisoned for smaller offences such as drug use in the country since the Second Chance programme was terminated.

Second Chance was established to help address concerns that a majority of the Maldives’ prison population were young people incarcerated for minor drug offences. Rasheed has maintained that the resulting long jail terms handed to young people – in some cases even over minor drugs offences – “were destroying their lives”.

According to the UNDP’s “Prison Assessment and Proposed Rehabilitation and Reintegration of Offenders Report”, which was published last year, 66 percent of all prisoners in the Maldives at the time of report were in jail for drug use or possession, often small quantities.

The majority were males under 30 years of age with education below O-levels, the report added, claiming the Maldivian prison population could be reduced by up to two-thirds if the government would “de-criminalise the offence of drug usage and propose mandatory rehabilitation”.

“Political advantage”

Home Minister Jameel has contended that the Second Chance initiative had been set up by former President Mohamed Nasheed “without a legal basis or justification”, in an attempt to pick and choose convicts for release on the basis of their political allegiance.

“Nothing prevents me to take back to prison all those released under the Second Chance programme found committing further offences for the safety and security of our people,” he said. “I have abolished Second Chance after assuming this [Home Ministry] portfolio to prevent ‘undue political advantage by convicts in the correctional system’ which was the policy of the Nasheed Government. I intend to take back all dangerous criminals back to prison as part of process to make our home and streets safe.”

Jameel added that the country’s legal system already included mechanisms by which prisoners could obtain early release under certain circumstances.  He claimed these legal mechanisms had been negated by the Second Chance initiative.

The mechanisms include clemency, which was provided under the Law on Reduction of Punishment and Clemency and considered only under “exceptional circumstances”, according to Jameel. He added that applicants for this mechanism were required to be reviewed by a specially established clemency board.

A second method to obtain early release is provided in the form of a parole programme overseen by a multi-sectoral board that decides on the eligibility of each candidate.

“Both of these programmes were abandoned to directly pick and select convicts from prison for Second Chance,” claimed Jameel. “Indiscriminate release of convicts without regard to the nature of the offences and selecting convicts based on their political association and belief demonstrates the underlying purpose of the Second Chance programme. Not only one or two of those released has been caught again for committing further offences, but several arrests made to regards to serious offences found second chance convicts.”

When contacted by Minivan News about the number of prisoners released under Second Chance that had since been returned to custody, the Maldives Police Service said it could not confirm a figure at the time, forwarding the enquiry to Home Minster Jameel.

The home minister said that “more than 200” people released under the programme were believed to have re-offended.

The Second Chance programme was stopped back in February directly following the controversial transfer of power that brought Dr Mohamed Waheed Hassan’s coalition government to power.

The Home Minister claimed back in March that a total of 1879 criminals were incarcerated for various offences during Nasheed’s term, but only 621 remained in prisons while 1258 have been released with no clear procedure.

After shutting down Second Chance in February, the programme’s responsibilities were instead tasked to the Parole Board and Clemency Board, which were re-formed in the intervening weeks.

However, both boards have been criticised in recent years for being “slow and ineffective”, by Second Chance’s former manager Aishath Rasheed, who claimed to be “very much surprised” about reports of the number of prisoners released under the programme now being returned to jail.

An estimated 439 inmates were released during the life-time of the Second Chance imitative, each of whom were said to be thoroughly evaluated and approved by the courts, according to Rasheed. Any former inmate found to have violated the terms of the release were sent back to the prison to complete their jail term. She added that the 439 inmates released under the scheme were mostly young people held on minor drug offences.

Verification

Rasheed, also a former member of the country’s parole board until resigning after the new government came to power, claimed that she had first heard about possible cases of prisoners released under the Second Chance committing criminal acts back in March. She stressed that it was therefore important to verify whether the suspected offenders were in fact released under the scheme and if they had been guilty of re-offending.

Beyond serving to secure an early conditional release for prisoners, Rasheed stressed that the programme was also designed to provide educational and rehabilitation programmes for inmates – initiatives that she claimed were not being provided at present.

“The idea was to give a chance to everyone in prison for rehabilitation, but the programme has been stopped, we had offered O-level training and spiritual classes,” she said. “However, within two days of Second Chance being finished they have stopped the O-level programmes and the yoga and spiritual classes. We had very technical and experienced instructors for these programmes, but I’m not sure they have been replaced by anything.”

Rasheed claimed that in closing down the programme, Home Minister Jameel had not looked at the programme and its respective benefits – a model used in many other countries to rehabilitate prisoners.

“In Singapore and New Zealand for example, there are very productive Second Chance-style programmes,” she said. “Due to the structure of our Department of Penitentiary and Rehabilitation Service (DPRS) we were only just starting out with these type of rehabilitation programmes.”

Speaking to Minivan News in March, Rasheed claimed that the Parole and Clemency board “did not have the technical expertise to continue the program”.

“I was a member of the parole board. Both boards exist as mere names. Some members do go for the meetings but have to go back home because the meetings cannot be held due to lack of quorum,” Rasheed said at the time.

However, as of last month, a new parole board set up by President Waheed had begun assessing the eligibility of inmates for release after they had undergone months of rehabilitation programmes.

Parole and rehabilitation

Present Parole Board member and Spokesperson for the Department of Penitentiary and Rehabilitation Service (DPRS) Bilal said that although the Second Chance programme had been terminated in February, prisoners would be still be eligible for potential parole and rehabilitation.

“The present government decided not to continue with Second Chance, there have been examples where prisoners had violated the conditions of their release and had been returned [to jail],” he said. “Second Chance as a programme was seen as a failure.”

Bilal claimed that the main functions of the Second Chance programme could still be met through the existing parole programme ran through the DRPS.

“Under parole, a prisoner under 25 for example must serve one third of their sentence, the parole board will then decide on the candidate’s release,” he said.

As of next month, Bilal claimed that a reintegration programme was being launched to help prisoners released on parole to acclimatise to life outside of prison for their first month back in society.  Vocational programmes in fields like electrical maintenance were also said by Bilal to currently be on offer at the detention centres of Maafushi and  Dhoonidhoo.

“We have planned to start basic education programmes soon as well as more advanced O-level courses. We are having meetings today with the Education Ministry on this,” he claimed. “We expect these programmes to be starting soon.”

Rehabilitative focus

Back in May, Lubna Mohamed Zahir Hussain, Minister of State for Health and Family saidthe upcoming establishment of a entirely new drug court in the country was indicative of a major shift in ongoing government policy over the last three years from a solely punitive approach to a more rehabilitative focus for minor offenders.

The Health Ministry insisted at the time that the new regulations provided distinct measures to assist small time drug abusers, while cracking down on larger-scale traffickers based in the Maldives and the wider South Asian region.

Hussain claimed that under this new legal and judicial system, the NDA was now looking to focus to rehabilitate prisoners found guilty of minor drug offences – something that had not been possible through the prison service previously.

“Seventy percent of prisoners currently being held in jails on drug offences have never been given treatment whilst they are incarcerated,” she claimed at the time.

Hussain added that recent amendments to national drug laws would compensate for the loss of rehabilitative programmes such as Second Chance – at least for minor drug offenders.

“The essence of the Second Chance programme is seen in the new drug law,” she said at the time.

Prison fears

Ali Adyb of the Journey NGO, which runs a drop-in centre in Male’ as well as outreach programmes across the country’s many atolls, told Minivan News earlier this year that he believed a long-term policy of criminalising drug users in the Maldives had failed, in part, because of a failure to segregate prisoners convicted of petty theft with more serious crimes.

“We are aware of people who have actually become addicted to drugs whilst in jail here,” he said.

Journey stressed that even for convicted addicts who were no longer being held in the country’s prison system, the stigma of having a criminal record for using narcotics led even qualified people to struggle to find a job upon their release.

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“Overdue” national drug survey active across Maldives

The first “scientifically robust national survey” of drug use in the Maldives is kicking off with training for employees and volunteers this week. The survey was contracted by national research organisation Inova Pvt Ltd, in partnership with the Ministry of Health and Family.

The survey examines the drug use habits of Maldivians ages 15 to 64, and is a contributing factor of the program, “Strengthening the National response to Combat Drug Abuse in the Maldives”, which began in July under the remit of the United Nations (UN) and the Maldivian government.

United Nations’ Office on Drugs and Crimes (UNODC), the All Indian Institute and the European Union are providing funding and expertise, and 13 local NGOs are assisting the project, particularly within island communities.

International Project Coordinator for UNODC, Sarah Waller, said the survey would add structure to the Maldivian government’s sparse drug policy.

“The survey should generate a better understanding of where treatment gaps in the community are, in order for the government and civil society to target appropriate evidence-based treatment and interventions in their drug-treatment planning. At the moment, it’s a bit of a guess how services are set up. This will enable to the government to provide a much more targeted response to the issue.”

The survey is being conducted according to two methods.

On islands, ‘enumerators’ employed by Inova will gather and process data by conducting household interviews.

Waller said many enumerators come from the recovering community, and staff from Journey are providing specific training to those who have little to no experience in drug use and abuse.

“Many have likely never interacted in the past with drug users. The first few days of training are about building awareness and sensitisation around drug users, around the Maldives’ treatment systems, and around the patterns and trends of drug abuse here,” Waller said.

Another method will be applied on Male’. Volunteer ‘respondents’ will serve as the middle man, gathering survey participants from Male’s more dense and urban community and connecting with them enumerators.

“The methodology for Male’ is quite different from what is given out on the islands,” said Waller. “The method, Respondent Driven Sampling (RDS), is more appropriate to the community on Male’. This approach identifies initial seeds in the community, and those seeds generate additional seeds. So you’re really generating responses through one initial seed.”

Respondents will be rewarded with coupons according to their efforts gathering participants. Waller emphasised that the compensation had been carefully designed to protect the survey’s validity.

“The evidence base suggests that incentivizing the driving of seeds to identify more individauls to take part in the study can enable a much more representative and accurate sample. When it comes to incentivizing recovering or abusive populations, there are ethics that need to be considered regarding that incentive. In particular with doing research amongs drug users, there have to be ethics whereby monetary incentives aren’t sufficient enough to encourage the workers to use them on drugs.”

Minivan News spoke to Journey volunteer member Imlaaq Shareef about the survey’s methods.

“It’s an advanced form of snowballing. First, the respondents will bring one or two and give a reward, maybe three coupons. Then they’ll bring another three addicts, and get a reward for that. So from one respondent the team will get more and more samples,” said Shareef.

When asked if the survey was likely to be accurate, Shareef doubted that all participants would initially be honest.

“But in the survey there are a lot of recovering addicts who are volunteering, and they’ll be able to identify the community here,” Shareef observed. “This is a small place, so, even the person who is doing drugs the most secretively somehow some people will know about it. So we can reach for them. I think by this survey, we can get a good estimate.”

In Shareef’s opinion, the survey is overdue.

“It should have been done earlier. Day by day, the number of IV users is getting high, and drug users are getting high, the number of sex workers are increasing. And in most cases, sex workers are addicts because it’s the easiest way for a girl addict to get money to buy her drugs. There is no choice for these girls, and most do not enjoy it,” said Shareef.

In addition to having an information shortage, the Maldives is struggling to plug the gaps between drug rehabilitation and law enforcement.

“There are very few rehabilitation service providers here,” said Shareef. “The problem is, once people get out of rehab they have to sign up for community service and stay here for a year or so. If they relapse during that period, it’s a big case. They might end up in court or jail. So most people are afraid of taking a treatment, because of the loopholes in the law.”

Shareef complained that a drug reform bill has been stalled in Parliament.

“Even very recently, at Journey, we put out a petition that was signed by nearly 8,000 people and sent it to the Majlis to pass the drug bill. But they don’t give a damn about it. They are just concerned about the Rf20,000 they are getting. I wonder what kind of risk they are taking,” said Shareef.

Parliament accepted the bill in March 2010 and sent the legislation to committee for further review.

Shareef said the bill would significantly improve drug addicts’ recovery process.

“A user should never end up in jail. It has been scientifically proven that addiction is a chronic brain disease. So why should they end up in jail? It’s a big problem,” Shareef said.

Waller said the survey could provide a base line for developing a sufficient drug management infrastructure.

“The data can assist government in how and where to apply the information, and what communities need in terms of service. There is certainly an affinity between the two,” she said.

The project’s final report is due for release in February 2012.

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Prisons burdened with small crimes and poor management, report finds

The Maldivian prison population could be reduced by up to two-thirds if the government would “de-criminalise the offence of drug usage and propose mandatory rehabilitation”, according a report by the government and the United Nations Development Program (UNDP). The reform could reduce the number of youth incarcerated for minor offences, the report suggested.

The report also found that “the existing legislative framework and the current penal system does not support the human rights guaranteed under the Constitution, nor is it compatible with best practices outlined in the UN Standard Minimum Rules on Treatment of Prisoners.”

The “Prison Assessment and Proposed Rehabilitation and Reintegration of Offenders Report“, published on September 5, was conducted by Dr Aishath Ali Naaz and UNDP program specialist Naaz Aminath. The report surveyed 60 percent of the prison population as of February 2011 to assess current prison conditions and make recommendations.

It is the first report of this scope to be done in the Maldives.

Aminath said the report took five months to prepare. “It involved very consistent record-taking and visits to prisons. About part way through we realized that we needed a legal framework to make a more comprehensive report, so we met with MPs across the board to understand the strengths and weaknesses.” The team had met with government officials throughout the project.

Aminath said timing the release of the report was difficult after the release of prisoners from Maafushi prison in July.

Key issues identified in the report were a lack of legislative framework to support rehabilitation and reintegration programs; widespread accusations of corruption and inappropriate political influence among institutions; poor prison design; and inadequate budgeting and human resources.

The report’s first recommendation for reform was to “de-criminalise the offense of drug usage” and require rehabilitation, according to the offender’s criminal record.

A second recommendation to “establish a restorative justice program to minimize offenders being incarcerated for minor offences” would regulate the currently heavy flow of Maldivian youth into the prison system.

Of prisoners in the Maldives, the majority are males under 30 years of age who are educated below O-levels. At the time of the report, 66 percent of inmates polled were in jail for drug use or possession.

“There are small time drug users of 23 years of age who are being being sentenced for 70 years in prison,” said Aminath. “When you visit other countries, the jails are divided between minimum and maximum security according to the sentence. You know that criminals in maximum security areas are really hard-core. You also find that drug trafficking is a serious offense in most countries, and traffickers do the most time in jail. But here, traffickers get 25 years while small-time users get 60 to 80 years. These are not hard-core criminals, but they’re put away for almost their entire lives.”

Aminath noted that in the past, drug users who test positive for drugs were given two charges: one for using drugs, and another for testing positive. At present, only individuals in possession of a prohibited drug are prosecuted.”

“I’m not condoning drugs,” said Aminath, “but I think we need to help.”

The report criticised Maldivian prisons for being understaffed and poorly managed.

“The problem in the Maldives is that there aren’t proper prisons,” said Aminath. “It’s hard to even say what the capacity of these facilities is.”

After the fires in 2009, Maafushi prison in March and October 2009, Aminath said that basic living equipment like mattresses were not replaced. Maafushi and Male prisons do not have kitchens, and “there is no structure to support the prisoners who are there,” she said.

Asseyri prison was originally designed as a juvenile rehabilitation center. But Aminath noted that it remained empty until this past year, and since then has been filled with inmates of all ages. She said individuals she asked regarding it’s changed purpose were uniformed.

Inmates surveyed said medical services were inadequate. An investigation found that Maafushi prison compensated by sending an average of ten people to Male each day for medical purposes–an excursion which opens opportunities for smuggling good into prison.

Inmates also complained about a lack of structure in prison life. The report lists claims of torture, inhumane treatment, drug availability and false messages of hope from politicians as examples.

Prison regulations also make it difficult for inmates to develop their own structure. Aside from the Qur’an, inmates are not allowed to have any reading material. Only Asseyri and Maafushi prisons have ‘libraries’–rooms with a few books located outside the gated complex. “It’s risky to go there because it’s not within a protected area, and there simply aren’t enough staff to organise daily library trips,” said Aminath. “Plus, there isn’t much to read there. Really, I wouldn’t even call it a library.”

Naaz and Aminath asked prisoners to describe the types of rehab programs they felt were needed. Most recommended religious education (86.4 percent), counseling therapies (76.1 percent) and life skills (75.1 percent).

Among the report’s recommendations for reform is the development of a Mental Health act. It also encourages Parliament to pass legislation that was proposed 3 years ago, including a criminal procedure code, a penal code, an evidence act, and a parole bill.

Another suggestion is to establish a prison industry to train prisoners in vocational skills, a program that would directly support rehabilitation and reintegration programs.

Aminath said the research team is in conversation with the State Minister, and the Home Minister supports the recommendations.

Speaking at a press conference yesterday, Home Minister Hassan Afeef said, “the Government is committed to improving the rehabilitation system, given
how large a problem drugs are for our community.”

But change won’t happen overnight, Aminath cautioned. She said all institutions “need to strengthen the legal framework and get more involved with the community to make these changes. This applies to all institutions across the board here.”

Correction: A previous version of this story stated that the UNDP team had “‘met with government officials across the board to understand the strengths and weaknesses.'” It should have stated that the UNDP team had “met with MPs across the board to understand the strengths and weaknesses and advocate passing legislative framework bills.” The UNDP team had been in correspondence with government officials from the beginning of the project.

The previous version of the story also stated that, “Aminath noted that drug users who test positive for drugs are given two charges: one for using drugs, and another for testing positive.” It should have stated that “Aminath noted that in the past, drug users who test positive for drugs were given two charges: one for using drugs, and another for testing positive. At present, only individuals in possession of a prohibited drug are prosecuted.”

The previous version also stated that “Asseyri prison was originally designed as a juvenile detention center.” It should have stated that “Asseyri prison was originally designed as a juvenile rehabilitation center. Also, individuals who Aminath asked about its current use as a standard detention center were uninformed. Minivan News apologises for any confusion.”

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